Case No. EWHC-185-(Admin)

101.There is no statutory requirement to notify the S.188(1) decision. However in my judgment it is a principle of procedural fairness that a person liable to be directly affected by an administrative act, such as the making of an offer of accommodation, should be given notice of what is proposed. In Pathan v Secretary of State for the Home Department [2020] UKSC 41 [2020] 1 WLR 4506, an immigration case which concerned a failure to notify the revocation of an employer sponsor licence, Lord Kerr and Lady Black held at para. 131 that:“We are of the view that the duty to give notice of a decision to someone who will be adversely affected by it cannot be denied solely by the consideration that it is pointless for that person to make representations with a view to reversing or avoiding the effect of the decision. The duty to give notice is an accepted element of the duty to act fairly”.102.The Claimant asserted in submissions that Pathan is of wider application because it underlines the principle that there is a duty to give notice to an applicant of a decision which he has the right to challenge or review – otherwise there is procedural unfairness. An applicant’s right to appeal and review a decision is in my judgment also undermined if notification is not given.103.No ground of review persists in relation to the former complaint (in the original grounds) of a failure to inform the Claimant when the Defendants had decided that the S.188(1) duty was engaged therefore I make no ruling on this issue. Nothing turns on this issue either. The Defendants accepted the S.188(1) duty and notified the Claimant of that on 26.9.2022.PSED104.The public sector equality duty is set out in s149 of the Equality Act 2010. “149